The claimant had received some instruction as to the use of gymnastic mats, but the instruction from the defendants was inadequate and had not made him aware of the dangers. Subsequently, when the claimant used the mats with a friend on a subsequent occasion, without supervision, he suffered a serious injury. A Local Authority allowing facilities for unsupervised gymnastics may be liable in negligence for injury. Where the only connection between the acts of the claimant and the defendant is the fact that the defendant made it possible for the claimant to harm himself, the claimant’s acts are taken to be the sole cause of the harm.
Millett LJ upheld the original decision for the defendant’s assumption of responsibility in respect of the inadequate teaching and advice given to the claimant: ‘Having assumed the task of teaching Mr Fowles how to perform the forward somersault, the defendants voluntarily assumed a responsibility to teach him properly and to make him aware of the dangers. They failed to do either; and then compounded their failure by providing unrestricted access to the crash mat, thereby encouraging him to use it to practice what he had been taught, without warning him that he must on no account do so without supervision.
This appears to me to be a sound basis for ascribing some degree of responsibility to the defendants. It is true that it is not how the case was primarily pleaded or presented, but it is supported by the evidence and it would cause no injustice to the defendants if liability was put on this basis.’
Judges:
Millett LJ
Citations:
Times 22-May-1995, [1996] ELR 51, [1995] PIQR P380.
Jurisdiction:
England and Wales
Cited by:
Cited – Portsmouth Youth Activities Committee (A Charity) v Poppleton CA 12-Jun-2008
The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all . .
Cited – Geary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 21 January 2023; Ref: scu.80650
